1892. ] OF THE SENATE. 333

memorial of contestant, and that as the issues made
in the case does not embrace this relief, the contestee
had no notice of the same. Good pleading would have
unquestionably required the contestant in his petition
or memorial to have given the contestee full notice of
his entire claim or demand by averring the same, so
that the contestee might have met by proof if he de-
sired the issue so made.

But your committee is not inclined to recommend
to the Senate to follow so technical a rule and refuse
to consider the application of contestant to order a
new election, especially as the power of the Senate to
order a new election if it should decide the ends of
justice required it, although not asked by the contest-
ant, is under the Constitution quite ample. (Hopkins
vs. Hardy, 59 Md., 137. )

It is but proper that the committee should submit
its opinion to the Senate upon the question of order-
ing a new election, so that the Senate in deciding
upon the question should have the benefit of the Com-
mittee's conclusions,

The question that presents itself at the threshold of
this inquiry is, if a legal election had been held in St.
Leonard's Precinct would the contestant have been
elected and the contestee defeated ? or in other words
would the contestee's majority of 171 votes with which
he came to this precinct, have been overcome if such
an election had been held 1 There are 669 registered
voters in that precinct, there were cast of this regis-
tered vote on the unofficial ballots only 378 votes, of
which 28 were for contestee and 350 for contestant.
It must be remembered that this vote was cast after
the Democrats, because of the public announcement
made that no election could be held with the ballots
offered, had left the polls and the activity of the par-
tisans of the different Democratic candidates, includ-
ing the friends of contestee had ceased. The work of
proper persuasion and solicitation at the polls often
effects the voters decision as to how he will vote. It
must also be remembered that the election on 3rd
November, 1891, throughout the State, showed a
marked increase in the Democratic vote or a
falling off in the Republican vote. With these facts
before your committee, it is quite probable if a legal